Eminent domain trial.

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§516-56 Eminent domain trial. The parties to the eminent domain action brought under this chapter shall be the corporation as plaintiff and the lessees and all other necessary parties as defendants. The corporation does not have the burden of proof in establishing the fair market value of the leased fee interest being acquired. Instead, all parties, including the corporation, shall be given an opportunity to present evidence of the fair market value of the leased fee interest being acquired. [L 1983, c 203, §3; am L 1987, c 337, §16; am L 1988, c 104, §2; am L 1991, c 154, §1; am L 2005, c 196, §26(b); am L 2006, c 180, §16]

Case Notes

Pursuant to this section, defendant, because defendant was a lessee of disputed property, was named as co-defendant in condemnation action; defendant had standing to move to set aside the action in which defendant was named a party. 77 H. 144, 883 P.2d 65 (1994).


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